Wisconsin Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Wisconsin Pre-Employment Inquiries (Interviewing): What you need to know

Protected classes. The Wisconsin Fair Employment Practice Act specifically prohibits questions, either on an application form or in an interview, about an applicant's age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest or conviction record, military service, genetic test results, or the use or nonuse of any lawful products away from the workplace during nonworking hours. According to guidance issued by the state Department of Industry, Labor, and Human Relations, an employer should limit questions to those characteristics that are related to an applicant's ability to perform the job. The act covers all employers, regardless of size (Wis. Gen. Stat. § 111.31 et seq.).
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Sexual orientation. ”Sexual orientation” is defined as having a preference for heterosexuality, homosexuality, or bisexuality, having a history of such preference, or being identified with such a preference (Wis. Gen. Stat. § 111.32).
Human immunodeficiency virus (HIV). A Wisconsin law on HIV testing prohibits employers from requiring an employee or prospective employee to submit to an HIV test unless the state epidemiologist and the secretary of health and social services declares that individuals who have HIV infections may, through employment, provide a significant risk of transmitting HIV to others (Wis. Gen. Stat. § 103.15 et seq.).
Subject to certain limited exceptions, a separate state law prohibits the disclosure of a person’s HIV test results without written authorization of the person tested or his or her authorized representative (Wis. Gen. Stat. § 252.15).
Pay history. Employers have the right to solicit salary information of applicants, and local ...

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